AA v TT [2014] EWHC 3488 (Fam) (16 October 2014)

AA v TT [2014] EWHC 3488 (Fam) (16 October 2014)

The Turkish custody order was fundamentally based on mistaken facts, namely that the mother had abandoned the children in England and was living in Turkey, when in fact she was living with and caring for the children in England. The children have now lived in England for over two years, are settled, and do not wish to return to Turkey. Enforcing the Turkish order would be manifestly incompatible with the welfare of the children due to the significant change in circumstances. Article 10(1)(b) applies, and recognition and enforcement are refused.

Citation
[2014] EWHC 3488 (Fam)
Parties
Applicant Father: AA; Respondent Mother: TT; Children's Guardian: Guardian
Jurisdiction
England and Wales
Judgment Date
16 October 2014
Procedural Posture
Application for Recognition and Enforcement of Foreign Custody Order / Final Judgment
Outcome
Application for recognition and enforcement of the Turkish custody order refused.
Legal Topics
Recognition and Enforcement of Foreign Custody Orders, European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children, Child Welfare, Habitual Residence, Change of Circumstances, Article 10 Defences
Family Law Private International Law Child Custody Recognition and Enforcement of Foreign Custody Orders European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children Child Welfare Habitual Residence Change of Circumstances +1 more

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Parties

AA

Applicant Father

TT

Respondent Mother

Guardian

Children's Guardian

Procedural Posture

Application for Recognition and Enforcement of Foreign Custody Order / Final Judgment

Legal Issues

  1. 1 Whether the Turkish custody order of 26 November 2013 should be recognised and enforced in England under the European Convention on Recognition and Enforcement of Decisions Concerning Custody of Children
  2. 2 Whether any defence under Article 10 of the Convention applies to refuse recognition and enforcement
  3. 3 Whether the effects of the Turkish order are manifestly incompatible with the welfare of the children due to change in circumstances

Ratio Decidendi

The Turkish custody order was fundamentally based on mistaken facts, namely that the mother had abandoned the children in England and was living in Turkey, when in fact she was living with and caring for the children in England. The children have now lived in England for over two years, are settled, and do not wish to return to Turkey. Enforcing the Turkish order would be manifestly incompatible with the welfare of the children due to the significant change in circumstances. Article 10(1)(b) applies, and recognition and enforcement are refused.

Court Disposition

Application for recognition and enforcement of the Turkish custody order refused.

Orders

  • Recognition and enforcement of the Turkish custody order of 26 November 2013 is refused under Article 10(1)(b) of the European Convention.
  • No order as to costs.